The URL can be used to link to this page

Home My WebLink About033503 ORD - 10/29/2024Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 10.08 acres known as King's Landing Unit 6 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 15-inch Wastewater Trunk System ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction; WHEREAS, reimbursement shall only be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, if the developer is owed funds from the Wastewater Trunk System Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Wastewater Trunk System Construction and Reimbursement Agreement ("Agreement") with MPM Development ("Developer"), for the extension of a 15-inch wastewater line, including all related appurtenances, for the development of King's Landing Unit 6 Subdivision, Corpus Christi, 03 Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. Funding in the amount of $440,829.12 is appropriated from the No.4220-21800- 777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the construction of a wastewater trunk system and improvements. SECTION 4. The City Manager or designee is authorized to transfer up to $440,829.12 of future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220- 21800-777 Wastewater Trunk System Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of (LAW , 2024. and APPROVED on the 941" day of 00, 2024. Paulette Guajardo, `'mayor ATTEST: ebecca Huerta , ity ecretary 033503 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: 10/22/2024 Legistar Number: 24-1596 Agenda Item: Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). Amount Required: (Amount to be Certified) $440,829.12 Fund Name Accounting Unit Account No. Amount Sanitary Sewer Trunk System Trust Fund as fund become available (Future Revenues) 4220-21800-777 540450 $440,829.12 TOTAL $440,829.12 ❑ Certification Not Required Director of Financial Services 0-)c-)0,/y Date: